The Lake County Board of County Commissioners met in regular session on Tuesday, June 4, 1996, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Office Manager, Board of County Commissioners; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that representatives from the Lady Lake American Legion requested approval to address the Board and make a presentation.
It was noted that there was also an Addendum to the Agenda.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of May 7, 1996 (Regular Meeting), as presented.
Regarding the Minutes of May 8, 1996, the following was requested:
On Page 2, Line 11, change five to two and note that the Committee met for five years.
On Page 4, Line 4, change Board to Commr. Good.
On Page 7, Line 14, change Eastland to Geeslin.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of May 8, 1996 (Special Meeting), as corrected.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed
Request for approval of Budget Transfers, Resolution, and Amendment, as follows:
A. Transfers:
1. Fund: General Fund
Department: Constitutional Officer/Property Appraiser
From: Contingency $8,000
To: Attorney Legal Fees $8,000
Transfer #: 96-179
Justification: Transfer needed to cover legal expenses incurred by the Property Appraiser, namely Scripps Howard vs. Havill, Case No. 90-2848.
2. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: General Government Buildings $45,500
To: Professional Services $45,500
Transfer #: 96-180
Justification: Transfer for architectural fees for the balance of the fiscal year for the renovation in the Historical Courthouse.
3. Fund: General Fund
Department: Facilities & Capital Improvements
From: Reserve - Pay Equalization $9,230
To: Personal Services $9,230
Transfer #: 96-181
Justification: As a result of the David M. Griffith Salary Study performed last fiscal year, the salary of the director of the Expo/Fairgrounds was upgraded above the budgeted amount. Transfer necessary to complete this fiscal year.
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment, as follows, and authorized proper signatures on same:
David R. Fleeman, in the amount of $250.00, Case No.
89-1065-CFA.
Charles D. Clemmer, in the amount of $50.00 - Case No.
94-222MMA0134.
Bonds - Contractor
Request for approval of Contractor Bonds, New, as follows:
New
4706-96 Bowman Electric, Inc.
5136-97 Perry J. Hambrick d/b/a Hambrick's Concrete
and Masonry
5460-96 Michael Barker d/b/a MPB Builders, Inc.
5461-96 Vicki S. Theriault/Top Choice Roofing
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 96-10, from the City of Eustis, adopted by the Eustis City Commission on May 2, 1996, with an effective date of May 2, 1996, deannexing and contracting from the city boundaries of the City of Eustis, Florida, that portion of East Crooked Lake Drive, Broadview Avenue, Topping Place, Waycross Avenue, and Country Club Road, as located in Section 13, Township 19 South, Range 26 East, Lake County, Florida.
Budgets/Miscellaneous
Request to acknowledge receipt of the Country Club of Mount Dora Community Development District Proposed Budget for FY 1996-97.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested to withdraw Tab 18, a request from Public Services for acceptance of a Warranty Deed from Sawmill Lakes, Inc. and Lakes at Sawmill Homeowners Association, Inc., to dedicate Carlson Circle to Lake County; acceptance of a Developers Agreement and a Maintenance Bond, in the amount of $11,751.00; and approval of a Resolution accepting Carlson Circle (2-0734B) into the County Road Maintenance System, noting that it would be rescheduled at a later date.
Mr. Jim Stivender, Jr., Senior Director, Public Services, requested to withdraw Tab 12, a request from Pubic Services for acceptance of the Final Plat for Lake Claire Place Subdivision; execution of the Developer's Agreement between Lake County and Yeagar Development Company, for performance of improvements; and acceptance of an Irrevocable Letter of Credit, for performance, in the amount of $316,705.00, and reschedule it for the June 18, 1996 Board Meeting.
Commr. Swartz requested to pull Tab 9, a request from Information Services for approval to purchase two T1 cards, to replace the individual Direct-In-Dial (DID) connections on the Lake County telephone system (monies to be taken from existing budgeted funds for DID/DOD/Register-Sender Cards), at a fiscal impact of $8,353.44, from the Consent Agenda and discuss it separately, under the County Manager's Departmental Business.
On a motion by Commr. Swartz, seconded by Commr. Good and
carried unanimously, by a 5-0 vote, the Board approved to withdraw Tabs 12 and 18 from the County Manager's Consent Agenda; to pull Tab 9, from same, to be discussed separately; and approved the following requests:
Community Services/Grants/Resolutions
Request from Community Services for approval and execution of the Resolution approving the application by the Lake Community Action Agency for the Local Government Share Cycle of the Community Services Block Grant Funds.
Budgets/Community Services/State Agencies
Request from Community Services for approval to revise the 1996 AmeriCorps Lake Program Objectives and Budget, due to a request initiated by the Florida Commission on Community Service (FCCS).
Fire and Emergency Services/Resolutions
Request from Fire and Emergency Services for approval and execution of a Proclamation declaring June 1996 as Hurricane Awareness Month in Lake County.
County Employees/Facilities and Capital Improvements
Office of Human Resources
Request from the Office of Human Resources for approval of the reclassification/upgrade of a Maintenance Specialist II, in Facilities and Capital Improvements/Facilities Management/Building Maintenance, to a Maintenance Specialist III.
County Employees/Office of Human Resources/Public Services
Request from the Office of Human Resources for approval of the reclassification/upgrade of a Secretary II, in Public Services/Special Services/Director's Office - Support Services, to a Secretary III.
County Employees/Office of Human Resources
Request from the Office of Human Resources for approval of certificates for employees with one and three years of service to the County.
Accounts Allowed/E-911/Information Services/Municipalities
Request from Information Services for approval and execution of the contract between Lake County and Agent Alliance Corporation, Inc., to manage the Lake County pay telephone long distance access and remit revenue sharing, subject to review and approval by the County Attorney.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of the Resolution authorizing the change of speed limits on the following roads, in the Eustis area: S. Mount Homer Road (3-4653), Mount Homer Road (3-4956), and Golf Links Avenue.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of the Resolution authorizing the posting of speed limits on the following roads, in the Eustis/Mt. Dora area: El Paso (4-4871), E. Crooked Lake Drive (4-5069), Alameda Del Norte (4-4871A), Fairview Court (4-5070), Briarwood Lane (4-5073), Lake Joanna Drive (4-5175), Wesley Road (4-5176, paved portion), Park Avenue (4-5075), Northwind (4-5472), Sunrise Drive (4-5473B), Southwind Drive (4-5473A), Twin Oaks Lane (4-5473), Windley Circle (4-5576), Melody Lane (4-5676), Cattail Drive (4-5674), Bonaire Street (4-6072), Cayman Street (4-6072A), Clear Lake Circle (4-6172A), Limit Avenue (4-4577), and Thrill Hill Road (4-5880).
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of the Resolution authorizing the posting of speed limits on the following roads in the Astatula area: Palm Drive (3-3046), Country Club Drive
(3-3147), W. Cove Drive (3-3146), E. Cove Drive (3-3147A), Cayman Drive (3-3148), Bimini Drive (3-3148A), Bermuda Drive (3-3149), Astatula Landfill Road (3-3245), Lake Industrial Boulevard
(3-3349), Florida Avenue (3-2945), and Frankie's Road
(3-3246, paved portion).
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of the Resolution authorizing the posting of "No Truck" signs, in the Silver Lake area, on N. Silver Lake Road (1-5127), Silver Lake Drive (1-5229), Tavares Avenue (1-4928), Stewart Lane (CR 449), and Morningside Drive (1-5133).
Deeds/Public Services/Roads-County and State
Request from Public Services for acceptance of the following deeds:
Statutory Warranty Deeds
Church of God by Faith
Elsey Street, Johnson Street
Richard J. Connell and Deloris I. Connell
Lake Seneca (4-5983)
Deeds/Public Services/Roads-County and State
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 1880
Applicant: James C. Harris, Jr., Trustee, Section 29, Township 19, Range 27, in the City of Mt. Dora, Lots 23 and 24, Block A, Dora Heights
Subdivision
Recommend: Reserve 25 feet on each side of the centerline of Unser Avenue (50 feet total width), and reserve 25 feet on each side of the centerline of Eleventh Avenue (50 feet total width), per City of Mt. Dora.
Accounts Allowed/Contracts, Leases and Agreements/Grants
Municipalities/Solid Waste
Request from Solid Waste for approval and authorization for the Chairman to execute the Solid Waste Recycling and Education Grant Application, Part One; authorization for the Chairman to sign the Recycling and Education Grant Application, Part Two, upon receipt from the Florida Department of Environmental Protection; authorization for the Chairman to sign the quarterly reimbursement requests; authorization to encumber and expend funds, in an approximate amount of $270,011.00, during Fiscal Year 1996-97; and authorization to execute interlocal agreements with fourteen municipalities, for the application and use of grant funds.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/INFORMATION SERVICES/MUNICIPALITIES
Commr. Swartz commended the County Manager, Ms. Sue Whittle, and Mr. Bruce Thorburn, Director, Information Services, and his staff for a job well done, noting that this request was an excellent example of county staff coming forward with a recommendation that saves taxpayers money. He stated that the County will spend $8,000.00 for hardware and telephone equipment, but will save over $14,000.00 annually.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Information Services for approval to expend Machinery and Equipment funds for another E9-1-1 position for the Tavares Police Department, at a fiscal impact of $3,611.57.
COUNTY EMPLOYEES/PURCHASING
Ms. Sue Whittle, County Manager, introduced the new Purchasing Director for Lake County, Mr. Bruce Conway, to the Board noting that he had started work the previous day and that he came to Lake County from Johnson County, Kansas.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
COUNTY EMPLOYEES/HUMAN RESOURCES
Commr. Cadwell presented plaques to the following:
Plaque to Employees with Five Years of Service to the County
Pat L. Dickinson, Animal Control Officer, Fire and Emergency Services/Animal Control Division
Leeland Shelton, Sr., Construction Inspector, Public Services/Special Services Division/Director's Office/Support Services
Donald Stewart, Engineering Technician I, Public Services/Engineering Division/Engineering Operations
Plaque to Employees with Ten Years of Service to the County
Jean A. Dempsey, Secretary III, Agricultural Education Service/Cooperative Extension Services
Roseann M. Johnson, Buyer, Office of Purchasing
Bobby R. Russell, Equipment Operator III, Public Services/Roads Division/Maintenance Area II (Minneola)
Plaque to Retiring County Employee with 28 Years of Service to the County
Mr. Frank D. Woodson, Building Maintenance Supervisor, Facilities and Capital Improvements, Facilities Management Section, Building Maintenance Services, was not present at this meeting, therefore, it was noted that his plaque would be presented at the July 9, 1996 Board Meeting.
PRESENTATION - LADY LAKE AMERICAN LEGION
Commander Joe Berube, Veterans Memorial Post 347, Lady Lake American Legion, presented Certificates of Appreciation to Commr. Cadwell and Commr. Swartz, in recognition of sincere appreciation of outstanding service and assistance, which contributed to the advancement of the American Legion programs and activities dedicated to God and Country.
COMMUNICATIONS/CONTRACTS, LEASES AND AGREEMENTS
INFORMATION SERVICES
Mr. Bruce Thorburn, Director, Information Services, appeared before the Board and explained this request, stating that the Federal Government requires that public hearings be held as part of the renewal process for any cable television franchise. He stated that the Board and staff had already had discussions on cable television, however, this request was specific to the renewal process for the Lake County Cablevision/Comcast contract. He stated that, because of the interlocal agreement and the unification for countywide cable television franchising, the County accepted input from its participating municipalities (list of six Franchise Renewal Issues contained in the Board's backup material). He stated that said items are the municipalities' recommendations for beginning renewal negotiations with the cable company. He requested to add a seventh issue, noting that he had had more than one comment that the public would like 24 hour, seven days a week customer service - not automated service, but an actual person. He stated that said issues were the basis for negotiations for the renewal process and questioned whether they were acceptable to the Board.
A brief discussion occurred regarding the possibility of the County having another public access channel, other than the one through Lake Sumter Community College, at which time Mr. Thorburn stated that, as a word of warning, other counties that have opened up a channel to true public access have later regretted it, because anyone that chooses to can put any item they wish on said channel.
It was noted that, under the current contract, the County could have Lake County Cablevision put in a second government access channel.
Mr. Phil Yapowitz, General Manager, Lake County Cablevision, appeared before the Board and addressed some questions that Commr. Swartz had regarding Item No. 2 - Attachment and use of Lake County Cablevision fiber network for programming by County and Municipalities and Item No. 5 - Renewal Fee x$ divided among County/Municipalities based on numbers of subscribers (%), listed under the Franchise Renewal Issues, in the Board's backup material.
Commr. Swartz questioned whether there should be other issues that the County should be considering, as it goes forward in the negotiation process, beyond the ones that are routine, or, in some cases, may not be routine, but are included in other franchise agreements.
Mr. Thorburn stated that the issues listed were the major ones that everyone agreed were necessary, until he received public input regarding the 24 hour, seven days a week customer service issue, at which time he added Item No. 7.
It was noted that, during the negotiation process, if the Board were to identify other issues that they felt should be addressed, they could put them on the table as well - that this meeting would not be the last chance to make changes.
Mr. Thorburn stated that the cities requested that the renewal be for seven years, with two four year renewals - if there were no problems, otherwise, the contract would be negotiated for fifteen years, which is what the cable company requested initially.
Commr. Swartz stated that this is the reason he would like to see what other counties and/or municipalities have worked out with their cable companies. He requested staff to bring back to the Board, as soon as they had the opportunity to put one together, a matrix containing the names of different counties and/or municipalities and the different types of issues or topics that they have negotiated into their agreements, for the Board's perusal. He stated that, due to the length of this contract, the Board needed to be able to look down the road.
No action was taken at this time.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COMMUNITY SERVICES/EDUCATION/GRANTS/STATE AGENCIES
Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request, stating that this program will be in six middle schools in the County and that the operating costs and program materials will amount to approximately $2,000.00. He stated that the total cost for the program is $49,458.00 and that the County's match is $12,364.00, which he noted will be included in the Sheriff's budget request.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of the State of Florida, Department of Community Affairs, Anti-Drug Abuse Act Grant funds, for the Dare Middle School Grant, for Fiscal Year 1996-97. APPOINTMENTS-RESIGNATIONS/COMMUNITY SERVICES/COMMITTEES
COMMISSIONERS
Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request, stating that, for a number of years, Ms. Myra Smith, former Social Services Coordinator, sat on the Board of Directors of Mid Florida Community Services, Inc., as a county representative; however, due to her retirement, said Board has requested that a member of the Board of County Commissioners be appointed to serve in this capacity.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for the appointment of a representative from the Board of County Commissioners to the Board of Directors of Mid Florida Community Services, Inc. and appointed Commr. Swartz to sit on said Board in that capacity.
DEPARTMENT OF GROWTH MANAGEMENT/STATE AGENCIES
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained this request, stating that it was a request from the Department of Highway Safety and Motor Vehicles to verify that the Trooper Station in Lady Lake is consistent with the County's Comprehensive Plan. She stated that it is a Community Facility Use (CFD) that has been in place for a number of years and that staff found it to be consistent.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the Department of Growth Management for approval of verification that the State of Florida, Department of Highway Safety and Motor Vehicles' State Land Management Plan (Trooper Station in Lady Lake) is consistent with the Lake County Comprehensive Plan and authorized the Chairman to execute said plan.
DEPARTMENT OF GROWTH MANAGEMENT/LANDFILLS/MUNICIPALITIES
CONTRACTS, LEASES AND AGREEMENTS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained this request, stating that it involved a Letter Agreement between the County and the City of Leesburg, to monitor the gas well at the City of Leesburg landfill, which she noted is a service that the County offers to its municipalities. She stated that the County Attorney's Office reviewed the contract and that staff would like to work with the City of Leesburg, with regard to this matter.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the Department of Growth Management for approval and execution of a Letter Agreement between Lake County and the City of Leesburg, for Gas Well Monitoring at the City of Leesburg landfill.
BONDS/FINANCE/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board and explained this request, stating that it was a request for Board approval to engage Public Financial Management, Inc. (PFM) for financial services related to debt transactions, including bonds; and approval of Tab A, which outlines the Task D Scope of Services of the Capital Improvement/Financial Program, providing for compensation of between $25,000.00 and $45,000.00. He stated that the services are to be provided upon authorization of the Board of County Commissioners to proceed with a final transaction.
It was noted that this action would not expand PFM's contract, or the length of their contract.
Mr. Post stated that staff is planning to take the recommendation from PFM and present it to the Solid Waste Citizens Review Committee, for input, prior to bringing it back to the Board.
Commr. Swartz stated that some of the issues before the Board this date were replicating an analysis that was done the last time that the Board went through this process, therefore, requested staff to meet with PFM and see if they could perform their services a little more cost efficiently, due to the fact that they have been involved with the County throughout the entire financing project and in light of the fact that the information is already on their computer.
Ms. Sue Whittle, County Manager, interjected that staff would discuss the matter with PFM again, as requested, however, noted that the County was dealing with a very sensitive timetable (the line of credit expires December 31 of this year).
Commr. Gerber stated that the Solid Waste Advisory Committee feels there should be citizen involvement in this matter and that, toward the end, when things get a little more definite, maybe an ad hoc committee should be created. She stated that, originally, they had a problem with using PFM, however, after having looked into the matter, she, the County Manager, and Mr. Post decided that PFM should be used.
It was noted that staff would meet with PFM and come back to the Board with a modified request at the June 18, 1996 Board Meeting.
No action was taken at this time.
Ms. Whittle, County Manager, informed the Board, for informational purposes, that since it has been some years (approximately nine) since the County has gone out for proposals on financial advisors, she intended to bring a request for proposals to the Board, for action, at a later date. She stated that staff would like to evaluate what is out there this summer and make a recommendation regarding same, however, noted that the process will take several months.
COMMITTEES/RESOLUTIONS/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board and explained this request, stating that it was a request for approval and execution of the Resolution extending the term of the County-Wide Solid Waste Study Committee to June 30, 1997, and modifying the membership and purpose of the Committee. He stated that the Committee is proposing that the number one change be for them to establish a program for a commercial recycling system, and the new recommended structure be to have one representative from each district, two representatives from the League of Cities, one County Commissioner to sit on the Committee as the Liaison Commissioner, and three citizen representatives-at-large, giving a total of twelve members. He stated that, previously, there were nineteen members; however, the Committee was not able to meet the quorum, to have an official meeting, with such a large number of members. He noted that there are currently fourteen members.
Mr. Post stated that it is felt, if there are more citizen representatives-at-large and three representatives from the League of Cities, instead of one, they may have a better participation. He stated that, in addition, since they are looking at commercial recycling, in the future, as one of the larger goals for the Committee to look at, there will be better interaction with the cities.
Mr. Sandy Minkoff, County Attorney, interjected that the quorum reads, "the majority of the members", but, with twelve members, that would mean a quorum of seven. He stated that, if the Board were to change the language to read, "the majority of the voting members", the Commissioner's position would not have to be counted, which would reduce the quorum down to six, making it a little easier to get a quorum.
Commr. Hanson stated that the Board probably needed to look at doing that for all the other committees, where the Commissioner is a non-voting member.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for approval and execution of the Resolution extending the term of the County-Wide Solid Waste Study Committee to June 30, 1997; modifying the membership, changing the quorum to the majority of the voting members appointed; and modifying the purpose of the Committee.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed/reappointed the following individuals to the Women's Hall of Fame Selection Committee:
Appointed
Ms. Wanda Andrews - District 2
Reappointed
Ms. Elizabeth Pringle - District 1
Ms. Estella Crummer - District 3
Mr. Cecil Shumacker - District 4
Ms. Joan Messina - District 5
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COMMISSIONERS/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that they were scheduled to meet July 2 and July 16, 1996; however, noted that July 16 is during the time that the National Association of Counties is scheduled to meet in Houston, Texas and that a number of staff and at least one commissioner plans to attend said meeting. She suggested that the Board cancel the Board Meetings of July 2 and July 16, 1996, reschedule the business of those two meetings, and meet only once, July 9, 1996. She noted that the Zoning Meeting would be held as usual, on July 23, 1996.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to cancel the Lake County Board of County Commissioner Meetings scheduled for July 2 and July 16, 1996, and reschedule them for July 9, 1996.
ACCOUNTS ALLOWED/BIDS/FUNDS/OFFICE OF TOURISM/MISCELLANEOUS
Mr. Dave Warren, Tourist Development Director, appeared before the Board and explained this request, stating that the Tourist Development Council (TDC) was recommending that $12,500.00 be awarded to the Orlando Area Sports Commission, as part of their bid to secure the 1997-98 NCAA Division II Men's and Women's Golf Championships, to be held in Lake County. He stated that said funds would come from the TDC Reserve Account, generated from the 2% resort tax, and would then be moved to the budget process, if the County is selected as a site for the tournaments. He stated that the TDC has been working with the Orlando Area Sports Commission and Rollins College, with regard to this matter, and feels that it is a great opportunity for Lake County.
Mr. Warren stated that, due to the tournaments, one of the courses at Mission Inn would be closed for six days, for the women's tournament, and both courses would be closed for six days, for the men's tournament. He stated that said funds would offset the monies that the Mission Inn would lose during that time frame.
Commr. Hanson thanked the Orlando Area Sports Commission for working so closely with the County, noting that they were doing what she had hoped would happen and she appreciated it.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the Office of Tourism for approval to award $12,500.00 to the Orlando Area Sports Commission, to cover facility costs, as part of their bid to secure the 1997-98 NCAA Division II Men's and Women's Golf Championships, to be held in Lake County.
ACCOUNTS ALLOWED/BIDS/FUNDS/MUNICIPALITIES
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained this request, stating that it was a request to award Superior Asphalt Company, Inc. with the contract for Neighborhood Revitalization Project No. 17-95, in the Mt. Plymouth area, in the amount of $171,624.00. She stated that this project was part of the Community Development Block Grant (CDBG) contract and grant award of over $500,000.00, for the Mt. Plymouth and Eustis areas. She stated that, according to the grant agreement, all construction work should be completed by September 1, 1996, and that all staff needed was authorization to award the bid.
A motion was made by Commr. Hanson and seconded by Commr. Gerber that the Board approve a request from Public Services for approval to award Neighborhood Revitalization Project No. 17-95, in the Mt. Plymouth area, in east Lake County, Bid No.
B-6-6-21, to Superior Asphalt Company, Inc.; and approval to encumber and expend funds, in the amount of $171,624.00, from the General Fund - Commissioner District 4.
Under discussion, Commr. Cadwell stated that he felt these types of projects were exactly what the program was set up to do.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, informed the Board that this request involved a prisoner (Mr. Carlos Powell) that alleged he hurt his eye during a scuffle with another prisoner. He stated that a discussion was held regarding this case and it was decided that the County should not make any offers. He stated that the case is scheduled for trial during the week of June 19, 1996. He stated that the original offer from Mr. Powell was $300,000.00; however, noted that the County has now received an offer of $100,000.00. He stated that counsel in this case recommended that the County might want to offer what it is going to cost the County to try the case, which he anticipates to be between $20,000.00 and $25,000.00.
Mr. Minkoff stated that staff consulted with Sheriff Knupp and, even though this case arose when the Sheriff was not operating the Jail, some of the defendants are still Correctional Officers. He stated that the Sheriff's opinion is that the County should not offer anything that it is not responsible for, with regard to the injury. He stated that the only change in facts is that there now may be medical testimony indicating that the injury occurred because of something that happened while Mr. Powell was incarcerated. He stated that, up to this time, there have not been any physicians that would tie the accident and injury together, if, in fact, there was an accident.
Mr. Minkoff stated that counsel is confident that the County will win the case, he just wanted to make the Board aware of the offer and see if they wanted to respond with a counter-offer. He stated that the County continues to maintain it has no legal responsibility in this case and has not seen any evidence that would demonstrate otherwise.
Commr. Cadwell stated that he felt the County needed to hold firm in this case and go to trial.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed the County Attorney's Office to continue its original path, with regard to the case of Powell v. Lake County, and go to trial.
REPORTS
COUNTY ATTORNEY
COUNTY ATTORNEY/COUNTY EMPLOYEES
Mr. Sandy Minkoff, County Attorney, informed the Board that his office had hired a new Assistant County Attorney, Ms. Valerie Chancey, from Ft. Lauderdale, and that he would introduce her to each of the Commissioners at a later date.
REPORTS
COUNTY ATTORNEY
COMMISSIONERS/COUNTY ATTORNEY/COUNTY MANAGER
Mr. Sandy Minkoff, County Attorney, informed the Board that, should any of the Commissioners ask his office to do some work, if it is a relatively small matter, they will do it and respond; however, if it involves the preparing of an ordinance, his new policy regarding same is that his office will send a copy of what they have prepared to each of the Commissioners, so that they are aware of what his staff is doing. He stated that, if a significant amount of work is requested of his staff by a Commissioner, he will take the request to the Board and ask the entire Board to approve it, rather than spending significant time on something that may not be approved.
Ms. Sue Whittle, County Manager, interjected that this would be the same procedure that the County Manager's Office would use, as well.
REPORTS
COUNTY MANAGER
MISCELLANEOUS/MUNICIPALITIES/SOLID WASTE/WATER AUTHORITY
Mr. Sue Whittle, County Manager, informed the Board, for informational purposes, that she had copied them on a request from the Water Authority for assistance from Solid Waste Management Services, with regard to an exotic tree removal program that the Water Authority and Florida Power are jointly involved in, in the Palatlakaha marsh, near Clermont. She stated that they are requesting the use of the County's walking floor trailer, to transport mulch material to the incinerator, and that said equipment will be available for their use.
No action was needed or taken.
REPORTS
COMMISSIONERS' BUSINESS
ORDINANCES/ROADS-COUNTY AND STATE
Commr. Hanson questioned the status of the Ordinance pertaining to the Murphy Act State Road Reservations.
Mr. Sandy Minkoff, County Attorney, stated that the Ordinance has been prepared and that an agenda item requesting authorization to advertise would be coming to the Board, for approval, later this month.
REPORTS
COMMISSIONERS' BUSINESS
DEPARTMENT OF GROWTH MANAGEMENT/PLANNING AND DEVELOPMENT
ZONING
Commr. Hanson questioned the status of the Suburban land use category, with regard to the Lake County Comprehensive Plan and the League of Cities.
Commr. Cadwell stated that the League of Cities has not been able to discuss the matter, to date, however, would try to bring a recommendation to the Board sometime during the next several months.
REPORTS
COMMISSIONERS' BUSINESS
GRANTS/ROADS-COUNTY AND STATE/ROAD PROJECTS
Commr. Hanson questioned the status of the Bates Avenue paving project that is part of the Community Development Block Grant.
Mr. Sandy Minkoff, County Attorney, informed the Board that it went through the process last month.
REPORTS
COMMISSIONERS' BUSINESS
COUNTY EMPLOYEES
Commr. Gerber questioned whether the County was going to do anything different, with regard to the PRIDE project, or whether the project was ended.
Ms. Sue Whittle, County Manager, informed the Board that the PRIDE project would be an ongoing project, on a once-a-month basis. She stated that each of the employees that has been recognized will be receiving a framed PRIDE certificate, that was designed and produced in-house, by Mr. Chris Greco, in Public Services. She noted that there has been enormous participation in the project, from all levels.
COMMISSIONERS' BUSINESS
MISCELLANEOUS
Commr. Cadwell noted, for informational purposes, that graduation ceremonies were scheduled to be held this date for the sixth class of Leadership Lake County, at 6:30 p.m., at Silver Lake Country Club.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:10 a.m.
_______________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/6-4-96/6-6-96/boardmin